Articles Posted in Construction Litigation

When contractors are hired to perform improvements on properties, they expect to be paid. The same goes for subcontractors. If the property owner is dissatisfied with the work done by the contractor, refusing to pay the bill is not the solution. Ideally, the property owner should approach the contractor about the service quality, and both […]

Under Florida law, an insured may sue their agent for negligence, breach of contract, breach of fiduciary duty, and misrepresentation, as the circumstances permit, when there is no coverage or inadequate coverage procured for the loss sustained.  Generally, under Florida law, an insurance broker undertaking to procure insurance for an insured is required to use […]

A construction project can be a complicated, frustrating, and costly process with a complicated construction contract.  In addition to the headaches of dealing with contractors and building inspectors, owners must also be wary of Florida’s complicated lien law, Chapter 713, Florida Statutes, which provides subcontractors and material suppliers with the ability to record a lien […]

With the construction boom in full swing, more and more construction defect lawsuits are being filed on behalf of condominium associations because of countless construction defects that occurred during original construction. These construction defects are particularly prevalent in Miami where the unique real estate development market, weather, and shortage of skilled trade workers make it […]

Adding to a previous series on key provisions in a construction contract, this post focuses on “no-damages for delay clauses” commonly found in municipal or public construction contracts. What is a no-damages for delay clause? A no-damages for delay clause often takes the following form: The contractor shall not be entitled to an increase in […]

As discussed in Part 1 of this series, this blog post discusses considerations that should be given in drafting and negotiating certain key provisions in construction contracts to avoid potential issues during construction and future legal disputes. In addition to those provisions discussed in Part I, the following construction contract provisions should also be considered: 1.         Payment Provisions – This […]